Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

House trespass
  • 14 May 2024

    HASSAN BIN AHMAD

    Citation
    AA-42H-14-08/2023 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    AA-42H-14-08/2023 (Mahkamah Tinggi)

    The appellant failed to demonstrate that the Sessions Court erred in principle or imposed a manifestly excessive sentence; the judge lawfully ordered consecutive sentences because the two rapes were separated by a sufficient cooling-off period and involved fresh intention, making consecutive sentences appropriate and within statutory limits.

  • 17 Aug 2023

    MOHD ANWAR BIN HUSAIN

    Citation
    DA-83-528-08/2023 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    DA-83-528-08/2023 (Mahkamah Majistret)

    The magistrate correctly exercised judicial discretion by weighing public interest, severity of the intrusion (entering a private bedroom naked), and mitigating factors; the chosen sentence—a fine of RM3499 with 10 months imprisonment in default—lies within the statutory limits of section 448, is proportionate to the offence, not manifestly wrong, and therefore the appeal against sentence is dismissed.

  • 16 Aug 2023

    HASSAN BIN AHMAD

    Citation
    AA-62JS-1-04/2023 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    AA-62JS-1-04/2023 (Mahkamah Sesyen)

    Guilty plea accepted but did not warrant substantial reduction given premeditation, serious violence, multiple rapes, and severe physical and psychological harm to victim; sentences imposed were within statutory limits and consecutive terms were appropriate to reflect distinct offences and public interest.